Senate Bill S4086B

2011-2012 Legislative Session

Requires the installation and testing of fire equipment and sprinkler systems at pet stores

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2012	print number 4068b
Jan 09, 2012	amend and recommit to agriculture
Jan 04, 2012	referred to agriculture
Jun 08, 2011	print number 4086a
Jun 08, 2011	amend and recommit to agriculture
Mar 17, 2011	referred to agriculture

Bill Amendments

Original

B (Active)

co-Sponsors

2011-S4086 - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §408, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3743
2015-2016: S3003
2017-2018: S3687
2019-2020: S3078
2021-2022: S3835
2023-2024: S1673

2011-S4086 - Summary

Requires the installation and testing of fire equipment and sprinkler systems at pet stores.

2011-S4086 - Sponsor Memo

                                BILL NUMBER:S4086

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to
requiring the
installation and testing of fire equipment and sprinkler systems at
pet stores

PURPOSE:
To ensure that all premises that house animals for sale by a pet
dealer provide appropriate fire protection measures to guard against
the unnecessary endangerment or death of animals.

SUMMARY OF SPECIFIC PROVISIONS:
-Requires pet dealers to provide fire protection measures for every
premises at which the dealer houses animals, including: fire
detection equipment, fire alarms and firefighting equipment, and an
adequate number of extinguishers for the premises.

-Equipment must be provided throughout premises and exist must include
heat or smoke sensing fire detection alarm systems.

-Equipment shall be tested once a week and maintained in good working
order.

-Staff shall be instructed on how to use fire equipment.

-If equipment becomes inoperable the pet dealer shall take immediate
action to restore to working order and post placards on all fire
alarm boxes to indicate they are inoperable until such action is taken.

-In retail and wholesale establishments an electrically supervised
automatic sprinkler system shall be installed in all parts of the
premises used to house animals and in the stairwell area of any means
of egress.

-Such sprinkler systems will be inspected monthly by a qualified,
certificate-holding employee of the retailer or wholesaler and keep
records of such inspections for fire department review.

-If it becomes necessary to disconnect fire alarms or sprinklers the
pet dealer shall notify the fire department at that time and when the
systems are re-connected.

-Provides definitions for 'pet dealer' and 'animal'

-Authorizes the Commissioner of the Department of Agriculture and
Markets to promulgate rules, regulations, and standards to implement
this act.

JUSTIFICATION:
California is the only state that requires pet businesses that house
animals on their premises to install fire alarms or sprinkler
systems. Pet stores can be particularly vulnerable to fire because
many of the animals they house require the use of many electrical


outputs and appliances, such as heat lamps, in proximity or right
next to flammable materials (like shredded newspaper or sawdust) used
for bedding or cage lining. Recent fires, including a 2002 four-alarm
fire in Manhattan, a 2006 fire in Queens county, and a 2008
three-alarm fire in the Bronx killed hundreds of animals and put
hundreds more firefighters, store employees, and civilians in
harms-way as they rushed into pet stores to save yelping and crying
animals from burning to death. For instance, the 2006 fire in Queens
county resulted in the death of hundreds of animals in cruel and
terrifying conditions, with eleven firefighters withstanding
injuries. This bill can help to prevent these unnecessary tragedies.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect January 1, 2012.

2011-S4086 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4086

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 17, 2011
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation to  requir-
  ing  the  installation  and  testing  of  fire equipment and sprinkler
  systems at pet stores

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The agriculture and markets law is amended by adding a new
section 408 to read as follows:
  S 408.  FIRE PROTECTION REQUIREMENTS FOR PET STORES. ALL  PET  DEALERS
LICENSED  UNDER  THIS ARTICLE SHALL PROVIDE FIRE PROTECTION MEASURES FOR
EVERY PREMISES AT WHICH THE DEALER HOUSES ANIMALS IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
  1. FIRE EQUIPMENT. (A) FIRE DETECTION, FIRE ALARM  AND  FIRE  FIGHTING
EQUIPMENT, INCLUDING AN ADEQUATE NUMBER OF FIRE EXTINGUISHERS, APPROPRI-
ATE  TO  THE TYPE OF BUILDING AND ANIMALS OCCUPYING SUCH BUILDING, SHALL
BE PROVIDED IN ALL RETAIL AND WHOLESALE ESTABLISHMENTS UTILIZED BY A PET
DEALER TO HOUSE ANIMALS.  FIRE PROTECTION EQUIPMENT THROUGHOUT  UNSUPER-
VISED SPACES WITHIN THE BUILDING, INCLUDING STOREROOMS, BOILER ROOMS AND
EXIT  WAYS SHALL INCLUDE AN AUTOMATIC FIRE DETECTION ALARM SYSTEM OF THE
HEAT OR SMOKE SENSING TYPE.
  (B) ALL FIRE DETECTION, FIRE ALARM AND FIRE FIGHTING  EQUIPMENT  SHALL
BE  TESTED  ONCE A WEEK BY THE PET DEALER AND MAINTAINED IN GOOD WORKING
CONDITION.  STAFF SHALL BE INSTRUCTED IN THE FUNCTIONING  AND  OPERATION
OF SUCH EQUIPMENT.
  (C)  IF THE FIRE ALARM SYSTEM BECOMES INOPERATIVE AT ANY TIME, THE PET
DEALER SHALL TAKE  IMMEDIATE  ACTION  TO  HAVE  THE  FIRE  ALARM  SYSTEM
RESTORED  TO  PROPER WORKING ORDER. PLACARDS SHALL BE PLACED ON ALL FIRE
ALARM BOXES INDICATING THAT THE SYSTEM IS INOPERATIVE.
  2. SPRINKLER SYSTEM. (A) AN ELECTRICALLY SUPERVISED  AUTOMATIC  SPRIN-
KLER  SYSTEM,  INSTALLED  IN  CONFORMITY  WITH  RULES PROMULGATED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00349-01-1

S. 4086                             2

COMMISSIONER, SHALL BE PROVIDED IN ALL RETAIL AND  WHOLESALE  ESTABLISH-
MENTS  UTILIZED  BY A PET DEALER TO HOUSE ANIMALS. THE SPRINKLER SYSTEMS
SHALL BE PROVIDED IN ALL PARTS OF BUILDINGS UTILIZED  TO  HOUSE  ANIMALS
AND  SHALL  BE  DESIGNED  AND  INSTALLED  IN  SUCH MANNER THAT, WHEN ANY
PORTION OF THE SYSTEM SERVING SPACES THAT  ARE  NOT  UTILIZED  TO  HOUSE
ANIMALS  IS SHUT DOWN, SPRINKLER PROTECTION FOR SPACES UTILIZED TO HOUSE
ANIMALS WILL REMAIN OPERATIONAL. AT LEAST ONE AUTOMATIC  SPRINKLER  HEAD
SHALL BE INSTALLED IN THE STAIRWELL AREA OF ANY MEANS OF EGRESS.
  (B)  THE SPRINKLER SYSTEMS SHALL BE INSPECTED AT LEAST ONCE A MONTH BY
A COMPETENT PERSON HOLDING A CERTIFICATE OF FITNESS, EMPLOYED BY THE PET
DEALER OR THE OWNER OF THE BUILDING, TO SEE THAT ALL PARTS OF THE SYSTEM
ARE IN PERFECT WORKING ORDER, AND THAT THE FIRE DEPARTMENT CONNECTION OR
CONNECTIONS, IF ANY, ARE READY FOR IMMEDIATE USE BY THE FIRE DEPARTMENT.
A DETAILED RECORD OF EACH INSPECTION SHALL BE KEPT FOR EXAMINATION BY  A
REPRESENTATIVE OF THE FIRE DEPARTMENT.
  3.  DISCONNECTION. IF, FOR ANY REASON, IT BECOMES NECESSARY TO DISCON-
NECT THE SOURCE OF CURRENT OF ANY FIRE ALARM  SYSTEM  OR  THE  SPRINKLER
SYSTEM,  THE  PET  DEALER SHALL NOTIFY THE FIRE DEPARTMENT IN ADVANCE OF
EACH DISCONNECTION, STATING THE REASONS THEREFOR, AND SHALL  NOTIFY  THE
FIRE  DEPARTMENT  AT  THE  TIME  THE SOURCE OF CURRENT OF THE FIRE ALARM
SYSTEM OR THE SPRINKLER SYSTEM IS RE-CONNECTED.
  4. APPLICATION. (A) THE PROVISIONS OF  THIS  SECTION  SHALL  APPLY  TO
EXISTING BUILDINGS AND TO BUILDINGS HEREAFTER ERECTED.
  (B) FOR THE PURPOSES OF THIS SECTION,
  (1)  "PET DEALER" MEANS ANY PERSON WHO ENGAGES IN THE SALE OR OFFERING
FOR SALE OF MORE THAN NINE ANIMALS PER YEAR FOR PROFIT  TO  THE  PUBLIC.
SUCH  DEFINITION  SHALL  INCLUDE  BREEDERS  WHO  SELL  OR  OFFER TO SELL
ANIMALS; PROVIDED THAT A BREEDER WHO SELLS OR OFFERS TO SELL DIRECTLY TO
THE CONSUMER FEWER THAN TWENTY-FIVE ANIMALS PER YEAR THAT ARE  BORN  AND
RAISED  ON  THE BREEDER'S RESIDENTIAL PREMISES SHALL NOT BE CONSIDERED A
PET DEALER AS A RESULT OF SELLING OR OFFERING TO SELL SUCH ANIMALS. SUCH
DEFINITION SHALL FURTHER NOT INCLUDE DULY INCORPORATED HUMANE  SOCIETIES
DEDICATED TO THE CARE OF UNWANTED ANIMALS WHICH MAKE SUCH ANIMALS AVAIL-
ABLE FOR ADOPTION WHETHER OR NOT A FEE FOR SUCH ADOPTION IS CHARGED, AND
  (2) "ANIMAL" MEANS A DOG, CAT, RABBIT, FERRET, RODENT, REPTILE, AMPHI-
BIAN,  FISH,  BIRD,  INSECT,  ARACHNID AND ANY OTHER DOMESTICATED ANIMAL
NORMALLY MAINTAINED IN OR NEAR THE HOUSEHOLD OF THE OWNER OR PERSON  WHO
CARES  FOR  SUCH OTHER DOMESTICATED ANIMAL. "ANIMAL" SHALL NOT INCLUDE A
"FARM ANIMAL" AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THIS CHAPTER.
  S 2. The commissioner shall promulgate rules, regulations  and  stand-
ards  as  he  or she deems necessary to implement the provisions of this
act on or before its effective date and, in conjunction with  the  state
fire  administrator,  shall  establish  standards  for the installation,
operation  and  inspection  of  fire  equipment  and  sprinkler  systems
installed pursuant to the provisions of this act.
  S 3. This act shall take effect January 1, 2012.

co-Sponsors

2011-S4086A - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §408, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3743
2015-2016: S3003
2017-2018: S3687
2019-2020: S3078
2021-2022: S3835
2023-2024: S1673

2011-S4086A - Summary

Requires the installation and testing of fire equipment and sprinkler systems at pet stores.

2011-S4086A - Sponsor Memo

                                BILL NUMBER:S4086A

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to
requiring the
installation and testing of fire equipment and sprinkler systems at
pet stores

PURPOSE:
To ensure that all premises that house animals for sale by a pet
dealer provide appropriate fire protection measures to guard against
the unnecessary endangerment or death of animals.

SUMMARY OF SPECIFIC PROVISIONS:
-Requires pet dealers to provide fire protection measures for every
premises at which the dealer houses animals, including: fire
detection equipment, fire alarms and firefighting equipment, and an
adequate number of extinguishers for the premises;

-Equipment must be provided throughout premises and exist must include
heat or smoke sensing fire detection alarm systems;

-Equipment shall be tested once a week and maintained in good working
order;

-Staff shall be instructed on how to use fire equipment;

-In retail and wholesale establishments an electrically supervised
automatic sprinkler system shall be installed in all parts of the
premises used to house animals and in the stairwell area of any means
of egress;

-Such sprinkler systems will be inspected monthly by a qualified,
certificate-holding employee of the retailer or wholesaler and keep
records of such inspections for fire department review;

-If it becomes necessary to disconnect fire alarms or sprinklers the
pet dealer shall notify the fire department at that time and when the
systems are re-connected;

-Provides definitions for 'pet dealer' and 'animal';

-Authorizes the Commissioner of the Department of Agriculture and
Markets to promulgate rules, regulations, and standards to implement
this act.

JUSTIFICATION:
California is the only state that requires pet businesses that house
animals on their premises to install fire alarms or sprinkler systems.
Pet stores can be particularly vulnerable to fire because many of the
animals they house require the use of many electrical outputs and
appliances, such as heat lamps, in proximity or right next to
flammable materials (like shredded newspaper or sawdust) used for
bedding or cage lining. Recent fires, including a 2002 four-alarm
fire in Manhattan, a 2006 fire in Queens county, and a 2008


three-alarm fire in the Bronx killed hundreds of animals and put
hundreds more firefighters, store employees, and civilians in
harms-way as they rushed into pet stores to save yelping and crying
animals from burning to death. For instance, the 2006 fire in Queens
county resulted in the death of hundreds of animals in cruel and
terrifying conditions, with eleven firefighters withstanding
injuries. This bill can help to prevent these unnecessary tragedies.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect January 1, 2012, except buildings in
existence as of the effective date of this act shall have until
January 1, 2014 to comply with the provisions of this act.

2011-S4086A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4086--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 17, 2011
                               ___________

Introduced  by  Sens.  ADDABBO,  ESPAILLAT,  KRUEGER  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Agriculture  --  committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the agriculture and markets law, in relation to  requir-
  ing  the  installation  and  testing  of  fire equipment and sprinkler
  systems at pet stores

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The agriculture and markets law is amended by adding a new
section 408 to read as follows:
  S 408.  FIRE PROTECTION REQUIREMENTS FOR PET STORES. ALL  PET  DEALERS
LICENSED  UNDER  THIS ARTICLE SHALL PROVIDE FIRE PROTECTION MEASURES FOR
EVERY PREMISES AT WHICH THE DEALER HOUSES ANIMALS IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
  1. FIRE EQUIPMENT. (A) FIRE DETECTION, FIRE ALARM  AND  FIRE  FIGHTING
EQUIPMENT, INCLUDING AN ADEQUATE NUMBER OF FIRE EXTINGUISHERS, APPROPRI-
ATE  TO  THE TYPE OF BUILDING AND ANIMALS OCCUPYING SUCH BUILDING, SHALL
BE PROVIDED IN ALL RETAIL AND WHOLESALE ESTABLISHMENTS UTILIZED BY A PET
DEALER TO HOUSE ANIMALS.  FIRE PROTECTION EQUIPMENT THROUGHOUT  UNSUPER-
VISED SPACES WITHIN THE BUILDING, INCLUDING STOREROOMS, BOILER ROOMS AND
EXIT  WAYS SHALL INCLUDE AN AUTOMATIC FIRE DETECTION ALARM SYSTEM OF THE
HEAT OR SMOKE SENSING TYPE.
  (B) ALL FIRE DETECTION, FIRE ALARM AND FIRE FIGHTING  EQUIPMENT  SHALL
BE  TESTED  EVERY  SIX  MONTHS  BY THE PET DEALER AND MAINTAINED IN GOOD
WORKING CONDITION.  STAFF SHALL BE INSTRUCTED  IN  THE  FUNCTIONING  AND
OPERATION OF SUCH EQUIPMENT.
  (C)  IF THE FIRE ALARM SYSTEM BECOMES INOPERATIVE AT ANY TIME, THE PET
DEALER SHALL TAKE  IMMEDIATE  ACTION  TO  HAVE  THE  FIRE  ALARM  SYSTEM
RESTORED TO PROPER WORKING ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00349-03-1

S. 4086--A                          2

  2.  SPRINKLER  SYSTEM. (A) AN ELECTRICALLY SUPERVISED AUTOMATIC SPRIN-
KLER SYSTEM, INSTALLED IN  CONFORMITY  WITH  RULES  PROMULGATED  BY  THE
COMMISSIONER,  SHALL  BE PROVIDED IN ALL RETAIL AND WHOLESALE ESTABLISH-
MENTS UTILIZED BY A PET DEALER TO HOUSE ANIMALS. THE  SPRINKLER  SYSTEMS
SHALL  BE  PROVIDED  IN ALL PARTS OF BUILDINGS UTILIZED TO HOUSE ANIMALS
AND SHALL BE DESIGNED AND  INSTALLED  IN  SUCH  MANNER  THAT,  WHEN  ANY
PORTION  OF  THE  SYSTEM  SERVING  SPACES THAT ARE NOT UTILIZED TO HOUSE
ANIMALS IS SHUT DOWN, SPRINKLER PROTECTION FOR SPACES UTILIZED TO  HOUSE
ANIMALS  WILL  REMAIN OPERATIONAL. AT LEAST ONE AUTOMATIC SPRINKLER HEAD
SHALL BE INSTALLED IN THE STAIRWELL AREA OF ANY MEANS OF EGRESS.
  (B) THE SPRINKLER SYSTEMS SHALL BE INSPECTED AT LEAST EVERY SIX MONTHS
BY A COMPETENT PERSON HOLDING A CERTIFICATE OF FITNESS, EMPLOYED BY  THE
PET  DEALER  OR  THE OWNER OF THE BUILDING, TO SEE THAT ALL PARTS OF THE
SYSTEM ARE IN PERFECT  WORKING  ORDER,  AND  THAT  THE  FIRE  DEPARTMENT
CONNECTION  OR  CONNECTIONS,  IF ANY, ARE READY FOR IMMEDIATE USE BY THE
FIRE DEPARTMENT. A DETAILED RECORD OF EACH INSPECTION SHALL BE KEPT  FOR
EXAMINATION  BY  A  REPRESENTATIVE OF THE FIRE DEPARTMENT.  SUCH RECORDS
SHALL BE KEPT FOR THREE YEARS.
  3. DISCONNECTION. IF, FOR ANY REASON, IT BECOMES NECESSARY TO  DISCON-
NECT  THE  SOURCE  OF  CURRENT OF ANY FIRE ALARM SYSTEM OR THE SPRINKLER
SYSTEM, THE PET DEALER SHALL NOTIFY THE FIRE DEPARTMENT  IN  ADVANCE  OF
EACH  DISCONNECTION,  STATING THE REASONS THEREFOR, AND SHALL NOTIFY THE
FIRE DEPARTMENT AT THE TIME THE SOURCE OF  CURRENT  OF  THE  FIRE  ALARM
SYSTEM OR THE SPRINKLER SYSTEM IS RE-CONNECTED.
  4.  APPLICATION.  (A)  THE  PROVISIONS  OF THIS SECTION SHALL APPLY TO
EXISTING BUILDINGS AND TO BUILDINGS  HEREAFTER  ERECTED  BUT  SHALL  NOT
INCLUDE BUILDINGS ZONED RESIDENTIAL.
  (B) FOR THE PURPOSES OF THIS SECTION,
  (1)  "PET  DEALER"  SHALL  HAVE  THE  SAME  MEANING AS "PET DEALER" AS
DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS ARTICLE, AND
  (2) "ANIMAL" SHALL HAVE THE SAME  MEANING  AS  "COMPANION  ANIMAL"  AS
DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THIS CHAP-
TER.
  S  2.  The commissioner shall promulgate rules, regulations and stand-
ards as he or she deems necessary to implement the  provisions  of  this
act  on  or before its effective date and, in conjunction with the state
fire administrator, shall  establish  standards  for  the  installation,
operation  and  inspection  of  fire  equipment  and  sprinkler  systems
installed pursuant to the provisions of this act.
  S 3. This act shall take effect January 1, 2012, except that buildings
in existence as of the effective date of this act shall have until Janu-
ary 1, 2014 to comply with the provisions of this act.

co-Sponsors

2011-S4086B (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §408, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3743
2015-2016: S3003
2017-2018: S3687
2019-2020: S3078
2021-2022: S3835
2023-2024: S1673

2011-S4086B (ACTIVE) - Summary

Requires the installation and testing of fire equipment and sprinkler systems at pet stores.

2011-S4086B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4086B

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to
requiring the
installation and testing of fire equipment and sprinkler systems at
pet stores

PURPOSE:
To ensure that all premises that house animals for sale by a pet
dealer provide appropriate fire protection measures to guard against
the unnecessary endangerment or death of animals.

SUMMARY OF SPECIFIC PROVISIONS:
-Requires pet dealers to provide fire protection measures for every
premises at which the dealer houses animals, including: fire
detection equipment, fire alarms and firefighting equipment, and an
adequate number of extinguishers for the premises;

-Equipment must be provided throughout premises and exist must include
heat or smoke sensing fire detection alarm systems;

-Equipment shall be tested once a week and maintained in good working
order;

-Staff shall be instructed on how to use fire equipment;

-In retail and wholesale establishments an electrically supervised
automatic sprinkler system shall be installed in all parts of the
premises used to house animals and in the stairwell area of any means
of egress;

-Such sprinkler systems will be inspected monthly by a qualified,
certificate-holding employee of the retailer or wholesaler and keep
records of such inspections for fire department review;

-If it becomes necessary to disconnect fire alarms or sprinklers the
pet dealer shall notify the fire department at that time and when the
systems are re-connected;

-Provides definitions for 'pet dealer' and 'animal';

-Authorizes the Commissioner of the Department of Agriculture and
Markets to promulgate rules, regulations, and standards to implement
this act.

JUSTIFICATION:
California is the only state that requires pet businesses that house
animals on their premises to install fire alarms or sprinkler systems.
Pet stores can be particularly vulnerable to fire because many of the
animals they house require the use of many electrical outputs and
appliances, such as heat lamps, in proximity or right next to
flammable materials (like shredded newspaper or sawdust) used for
bedding or cage lining. Recent fires, including a 2002 four-alarm
fire in Manhattan, a 2006 fire in Queens county, and a 2008


three-alarm fire in the Bronx
killed hundreds of animals and put hundreds more firefighters, store
employees, and civilians in harms-way as they rushed into pet stores
to save yelping and crying animals from burning to death. For
instance, the 2006 fire in Queens county resulted in the death of
hundreds of animals in cruel and terrifying conditions, with eleven
firefighters withstanding injuries. This bill can help to prevent
these unnecessary tragedies.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect January 1, 2013, except buildings in
existence as of the effective date of this act shall have until
January 1, 2015 to comply with the provisions of this act.

2011-S4086B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4086--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 17, 2011
                               ___________

Introduced  by  Sens.  ADDABBO,  ESPAILLAT,  KRUEGER  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Agriculture  --  committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee  --  recommitted  to  the
  Committee  on  Agriculture in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the agriculture and markets law, in relation to requir-
  ing the installation and  testing  of  fire  equipment  and  sprinkler
  systems at pet stores

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The agriculture and markets law is amended by adding a  new
section 408 to read as follows:
  S  408.   FIRE PROTECTION REQUIREMENTS FOR PET STORES. ALL PET DEALERS
LICENSED UNDER THIS ARTICLE SHALL PROVIDE FIRE PROTECTION  MEASURES  FOR
EVERY PREMISES AT WHICH THE DEALER HOUSES ANIMALS IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
  1.  FIRE  EQUIPMENT.  (A) FIRE DETECTION, FIRE ALARM AND FIRE FIGHTING
EQUIPMENT, INCLUDING AN ADEQUATE NUMBER OF FIRE EXTINGUISHERS, APPROPRI-
ATE TO THE TYPE OF BUILDING AND ANIMALS OCCUPYING SUCH  BUILDING,  SHALL
BE PROVIDED IN ALL RETAIL AND WHOLESALE ESTABLISHMENTS UTILIZED BY A PET
DEALER  TO HOUSE ANIMALS.  FIRE PROTECTION EQUIPMENT THROUGHOUT UNSUPER-
VISED SPACES WITHIN THE BUILDING, INCLUDING STOREROOMS, BOILER ROOMS AND
EXIT WAYS SHALL INCLUDE AN AUTOMATIC FIRE DETECTION ALARM SYSTEM OF  THE
HEAT OR SMOKE SENSING TYPE.
  (B)  ALL  FIRE DETECTION, FIRE ALARM AND FIRE FIGHTING EQUIPMENT SHALL
BE TESTED EVERY SIX MONTHS BY THE PET  DEALER  AND  MAINTAINED  IN  GOOD
WORKING  CONDITION.    STAFF  SHALL BE INSTRUCTED IN THE FUNCTIONING AND
OPERATION OF SUCH EQUIPMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00349-04-2

S. 4086--B                          2

  (C) IF THE FIRE ALARM SYSTEM BECOMES INOPERATIVE AT ANY TIME, THE  PET
DEALER  SHALL  TAKE  IMMEDIATE  ACTION  TO  HAVE  THE  FIRE ALARM SYSTEM
RESTORED TO PROPER WORKING ORDER.
  2.  SPRINKLER  SYSTEM. (A) AN ELECTRICALLY SUPERVISED AUTOMATIC SPRIN-
KLER SYSTEM, INSTALLED IN  CONFORMITY  WITH  RULES  PROMULGATED  BY  THE
COMMISSIONER,  SHALL  BE PROVIDED IN ALL RETAIL AND WHOLESALE ESTABLISH-
MENTS UTILIZED BY A PET DEALER TO HOUSE ANIMALS. THE  SPRINKLER  SYSTEMS
SHALL  BE  PROVIDED  IN ALL PARTS OF BUILDINGS UTILIZED TO HOUSE ANIMALS
AND SHALL BE DESIGNED AND  INSTALLED  IN  SUCH  MANNER  THAT,  WHEN  ANY
PORTION  OF  THE  SYSTEM  SERVING  SPACES THAT ARE NOT UTILIZED TO HOUSE
ANIMALS IS SHUT DOWN, SPRINKLER PROTECTION FOR SPACES UTILIZED TO  HOUSE
ANIMALS  WILL  REMAIN OPERATIONAL. AT LEAST ONE AUTOMATIC SPRINKLER HEAD
SHALL BE INSTALLED IN THE STAIRWELL AREA OF ANY MEANS OF EGRESS.
  (B) THE SPRINKLER SYSTEMS SHALL BE INSPECTED AT LEAST EVERY SIX MONTHS
BY A COMPETENT PERSON HOLDING A CERTIFICATE OF FITNESS, EMPLOYED BY  THE
PET  DEALER  OR  THE OWNER OF THE BUILDING, TO SEE THAT ALL PARTS OF THE
SYSTEM ARE IN PERFECT  WORKING  ORDER,  AND  THAT  THE  FIRE  DEPARTMENT
CONNECTION  OR  CONNECTIONS,  IF ANY, ARE READY FOR IMMEDIATE USE BY THE
FIRE DEPARTMENT. A DETAILED RECORD OF EACH INSPECTION SHALL BE KEPT  FOR
EXAMINATION  BY  A  REPRESENTATIVE OF THE FIRE DEPARTMENT.  SUCH RECORDS
SHALL BE KEPT FOR THREE YEARS.
  3. DISCONNECTION. IF, FOR ANY REASON, IT BECOMES NECESSARY TO  DISCON-
NECT  THE  SOURCE  OF  CURRENT OF ANY FIRE ALARM SYSTEM OR THE SPRINKLER
SYSTEM, THE PET DEALER SHALL NOTIFY THE FIRE DEPARTMENT  IN  ADVANCE  OF
EACH  DISCONNECTION,  STATING THE REASONS THEREFOR, AND SHALL NOTIFY THE
FIRE DEPARTMENT AT THE TIME THE SOURCE OF  CURRENT  OF  THE  FIRE  ALARM
SYSTEM OR THE SPRINKLER SYSTEM IS RE-CONNECTED.
  4.  APPLICATION.  (A)  THE  PROVISIONS  OF THIS SECTION SHALL APPLY TO
EXISTING BUILDINGS AND TO BUILDINGS  HEREAFTER  ERECTED  BUT  SHALL  NOT
INCLUDE BUILDINGS ZONED RESIDENTIAL.
  (B) FOR THE PURPOSES OF THIS SECTION,
  (1)  "PET  DEALER"  SHALL  HAVE  THE  SAME  MEANING AS "PET DEALER" AS
DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THIS ARTICLE, AND
  (2) "ANIMAL" SHALL HAVE THE SAME  MEANING  AS  "COMPANION  ANIMAL"  AS
DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THIS CHAP-
TER.
  S  2.  The commissioner shall promulgate rules, regulations and stand-
ards as he or she deems necessary to implement the  provisions  of  this
act  on  or before its effective date and, in conjunction with the state
fire administrator, shall  establish  standards  for  the  installation,
operation  and  inspection  of  fire  equipment  and  sprinkler  systems
installed pursuant to the provisions of this act.
  S 3. This act shall take effect January 1, 2013, except that buildings
in existence as of the effective date of this act shall have until Janu-
ary 1, 2015 to comply with the provisions of this act.

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Senate Bill S4086B

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Archive: Last Bill Status - In Senate Committee Agriculture Committee

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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Adriano Espaillat

Liz Krueger

2011-S4086 - Details

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Liz Krueger

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